1. Oak Bay Marina Ltd. shall be defined as the “Company”.
2. All moorage fees are payable in advance. Any overdue moorage fees shall bear interest at the rate of 5% per month.
3. The overall length of the vessel for the purposes of calculating moorage includes all spars, brackets, swim grids, motors or other extensions, or is equal to the length of the finger to which the vessel is secured, measured in feet, whichever is longer.
4. The word “Owner” used in these conditions means the person or persons or Company named on the Moorage Licence Agreement, notwithstanding that such person, persons or Company is or are not in fact legal Owners of the Vessel described therein. “Vessel” means the boat or vessel identified on the face of the Agreement, however where the Agreement includes a boathouse, “Vessel” shall also mean the boathouse.
5. All changes of address, telephone numbers and/or Ownership of a Vessel shall be reported to the Company immediately.
6. The Owner should report when the Vessel will be away from its moorage for any extended period of time. The Owner expressly agrees and acknowledges that the Company reserves the right to use moorage space to accommodate visiting boats while the Owner is not using the moorage space referred to in this agreement.
7. The Owner agrees that if the moorage fees and any other charges payable are not paid when due, the Company may at its option:
A. Take and retain possession of the Vessel, or any part of the property of the Owner comprising the Vessel or any part thereof until payment of:
(i) The amount owing;
(ii) The costs incurred in taking such possession and;
(iii) The costs incurred in recovering the above amount including solicitor’s fees charged in connection therewith (on a solicitor-client basis)
B. Sell the Vessel or any part thereof at public auction in the manner provided in the Warehouse Lien Act (British Columbia) or;
C. Take any other remedies available at law to the Company.
8. Should the terms of the Agreement be broken or the Company, at its sole discretion, terminate this Agreement, the Owner shall remove the Vessel or cause the Vessel to be removed from the marina immediately.
9. No advertising or soliciting is permitted on any Vessel using the Company’s facilities without the prior written permission of the Company.
10. Owners requiring electrical services must first make application to the Company. Owners must also select a settlement option of either payment in advance or upon receipt of an invoice.
11. The operating of a business from the Company’s docks is prohibited without the express prior written consent of the Company.
12. Outside the normal maintenance of the Vessel such as washing, cleaning and waxing there will be no major refitting undertaken. This includes but in no way limits such things as grinding, spray painting, fiber glassing, or general construction. The definition of normal maintenance will be determined at the sole direction of the Company, and if a cease and desist notice is given to the Owner and not complied with, then the Company shall terminate this Agreement.
13. The Owner is responsible for the safe moorage of his/her Vessel and shall furnish and maintain his own safe line and chaffing gear. The chaffing gear shall be attached to the Vessel only and not to the floats or pilings. Care must be taken not to affect any other berth or access with mooring lines.
14. The Owner is advised to check his/her Vessel regularly, especially after heavy winds, rain or snowfall. The canvas covering and pumping out of the Vessel is solely the responsibility of the Owner.
15. There will be no dinghies or other goods and chattels of the Owner or other party left on the Company’s docks. The docks are to be maintained free and clear at all times of any obstacles such as equipment, storage lockers, dinghy racks, hoses or other attachments not permanently affixed and provided by the Company.
16. Children (age 12 and under) are not permitted on the Company’s facilities, floats or wharves, unless accompanied by an adult.
17. No reflective type or flame type heater and no oil burners shall be operated on any Vessel moored at the Company’s facilities unless the Owner or someone designated by him/her is in attendance during the operation of the unit and the unit is properly approved by CSA or a comparable agency and is properly supervised at all times when in operation.
18. Electrical connections to vessels must be marine grade power cords with water tight molded plugs that meet fire regulations and the local electrical code.
19. With the exception of the Fuel Float at Oak Bay Marina, Pedder Bay Marina and North Saanich Marina, no mixing or transferring of petroleum products whatsoever shall be permitted on the Company’s floats. The storage of inflammable liquid, oil rags, or other hazardous substances, pollutants or waste as defined by the environmental laws applicable in the Province of British Columbia, is prohibited on Company floats or premises.
20. The Company may charge for any emergency service required to be provided to a Vessel during the absence of the Owner, and while assuming no responsibility for services rendered in such instances, may enter upon the Owner’s Vessel for such purpose. No such action including taking temporary possession of or entering the Vessel shall constitute a bailment.
21. A Vessel approaching, using or leaving the Company’s floats or moorings shall do so in a cautious and seamanlike manner so as not to create excessive wash or damage to other crafts or Company property. Speed is not to exceed three knots.
22. During the early morning or late evening hours, noise must be kept to a minimum.
23. No swimming, diving, fishing, crabbing or shrimping will be permitted within the Company’s facilities.
24. Vessels approaching the floats or moorings shall only tie to the berth designated to the Vessel.
25. The Company reserves the right at any time to rearrange the position of the Vessel at the Company’s floats without previous notice to the Owner of the Vessel.
26. A Vessel moored at the Company’s floats shall not be used as permanent living quarters.
27. Dogs and cats not on a leash are absolutely prohibited from the Company’s floats.
28. In the interest of sanitation, no toilets, sinks, bilges, petroleum hazardous waste or other products shall be discharged while Vessels are in the Company’s moorage facilities.
29. All refuse is to be placed in the designated containers provided by the Company.
30. To conserve water, Owners are required to use a hose nozzle with automatic shut-off.
31. All Vessels must be maintained in good seaworthy condition. Any Vessel deemed by the Company in its sole discretion to be unsafe or an impediment to the safe and orderly operation of the marina will be instructed to vacate the marina. Failure to do so within ten (10) days from the date of mailing a notice to vacate to the owner may result in the Company removing the vessel at the Owner’s expense. The cost of such removal shall be a debt due and owing to the Company by the Owner.
32. During periods of excessive snowfall, boathouse Owners are responsible for snow clearance from their boathouse roof. If, in the opinion of the Company, snow accumulation on a boathouse constitutes an immediate hazard to the boathouse, surrounding boathouses, or other Vessels, the Company may remove the snow and the cost of this removal will be charged to the Owner, and shall be payable upon presentation of an invoice by the Company and such charge shall constitute a moorage fee and be recoverable in the same way as moorage.
33. Vessels shall not extend beyond the inside water length of the boathouse. The definition of Vessel encompasses dinghies, spars, brackets and davits.
34. No alterations or changes that affect the outside appearance of a boathouse are permitted without prior written consent of the Company. This includes, but is not limited to, additions or extensions being made to the exterior walls, altering the exterior curtain, or changing the colour of a curtain.
35. The Owner represents and warrants that he/she is the legal and beneficial owner of the Vessel.